Canada's System of Justice

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What is the Law

Why we need laws

Almost everything we do has a set of rules. There are rules for games, for social clubs, for sports and for the workplace. Rules of morality and custom tell us what we should and should not do.

Rules made by government are called "laws." Laws are meant to control or change our behaviour and, unlike rules of morality, they are enforced by the courts. If you break a law - whether you like that law or not - you may have to pay a fine, pay for the damage you have done, or go to jail.

Ever since people began to live together in society laws have been necessary to hold that society together. Imagine the chaos - and the danger - if drivers just chose which side of the street to drive on. Imagine trying to buy and sell goods if no one had to keep promises or fulfill contracts. Imagine trying to hold onto your personal property or even to keep yourself safe if there were no laws against robbery or assault.

Even in a well-ordered society, people have disagreements, and conflicts arise; the law provides a way to resolve disputes peacefully. If two people claim the same piece of property, rather than fight they turn to the law and the courts to decide who is the real owner and how the owner's rights are to be protected.

Laws help to ensure a safe and peaceful society in which people's rights are respected. The Canadian legal system respects individual rights, while at the same time ensuring that our society operates in an orderly manner. An essential principle is that the same law applies to everybody, including the police, governments and public officials, who must carry out their public duties according to the law.

What other goals do laws achieve?

In Canada, laws not only govern our conduct; they are also intended to carry out social policies. For example, laws provide for benefits when workers are injured on the job, for insurance when workers are unemployed, for health care, and for loans to students.

Laws are also aimed at ensuring fairness. By recognizing and protecting basic individual rights and freedoms, such as liberty and equality, our laws ensure that stronger groups and individuals do not use their powerful positions to take unfair advantage of weaker groups or people.

Our legal system, based on a tradition of law and justice, gives Canadian society a valuable framework. The rule of law, freedom under the law, democratic principles, and respect for others form the foundations of this important heritage.

Public law and private law

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